N.Y. Public Authorities Law § 2051-b: Definitions

§ 2051-b. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by

section two thousand fifty-one-c of this title, known as the county of

Franklin solid waste management authority.

2. "Bonds" shall mean the bonds, notes or other evidences of

indebtedness issued by the authority pursuant to this title and the

provisions of this title relating to bonds and bondholders shall apply

with equal force and effect to notes and noteholders, respectively,

unless the context otherwise clearly requires.

3. "Construction" shall mean the acquisition, erection, building,

alteration, improvement, increase, enlargement, extension,

reconstruction, renovation or rehabilitation of a solid waste management

facility; the inspection and supervision thereof; and the engineering,

architectural, legal, fiscal and economic investigations and studies,

surveys, designs, plans, working drawings, specifications, procedures

and other actions incidental thereto.

4. "Cost", as applied to any project, shall mean and include the cost

of construction, the cost of the acquisition of all property, including

real property and other property, both real and personal and improved

and unimproved, the cost of demolishing, removing or relocating any

buildings or structures on lands so acquired, including the cost of

relocating tenants or other occupants of the buildings or structures on

such land, including the cost of acquiring any lands to which such

buildings or structures may be moved or relocated, the cost of all

systems, facilities, machinery, apparatus and equipment, financing

charges, interest prior to, during and after construction to the extent

not paid or provided for from revenues or other sources, the cost of

engineering and architectural surveys, plans and specifications, the

cost of consultant and legal services, the cost of lease guarantee or

bond insurance and the cost of other expenses necessary or incidental to

the construction thereof, including the amount authorized in the

resolution of the authority providing for the issuance of bonds to be

paid into any reserve or other special fund from the proceeds of such

bonds, the financing of the placing of any project in operation and

reimbursement to the county, any municipality, and state agency, the

state, the United States government or any other person for expenditures

that would be costs of the project hereunder had they been made directly

by the authority.

5. "County" shall mean the county of Franklin.

6. "Governing body" shall mean the members of the authority

constituting and acting as the governing body of the authority.

7. "Municipality" shall mean any county, city, town, village or any

combination thereof.

8. "Person" shall mean any natural person, partnership, association,

joint venture or corporation, exclusive of a public corporation.

9. "Project" shall mean any solid waste management facility, the

planning, development, financing, construction, operation or maintenance

of which is authorized to be undertaken in whole or in part by the

authority pursuant to this title.

10. "Real property" shall mean lands, structures, franchises and

interests in land, waters, lands underwater, riparian rights and air

rights and any and all things and rights included within said term and

includes not only fees simple absolute, but also any and all lesser

interests including, but not limited to, easements, rights-of-way, uses,

leases, licenses and all other incorporeal hereditaments and every

estate, interest or right, legal or equitable, including terms for years

and liens thereon by way of judgments, mortgages or otherwise.

11. "Resource recovery" shall mean the separation, extraction and

recovery of usable materials, energy or heat from solid waste through

source separation, recycling centers or other programs, projects or

facilities.

12. "Revenues" shall mean all rates, fees, rents, charges and other

income derived by the authority from its operations.

13. "Solid waste" shall mean all materials or substances discarded or

rejected as being spent, useless, worthless or in excess to the owners

at the time of such discard or rejection, including, but not limited to,

garbage, refuse, industrial and commercial waste, sludges from air or

water pollution control facilities or water supply treatment facilities,

rubbish, ashes, contained gaseous material, incinerator residue,

demolition and construction debris and offal, but not including sewage

and other highly diluted water-carried materials or substances and those

in gaseous form, source, special nuclear or by-product material within

the meaning of the Atomic Energy Act of 1954, as amended, or waste which

appears on the list or satisfies the characteristics of hazardous waste

promulgated by the commissioner of environmental conservation pursuant

to section 27-0903 of the environmental conservation law.

14. "Solid waste management facility" or "facility" shall mean any

facility, plant, works, system, building, structure, improvement,

machinery, equipment, fixture or other real or personal property which

is to be used, occupied or employed beyond the initial solid waste

collection process for the receiving, transporting, storage, processing,

or disposal of solid waste or the recovery by any means of any material

or energy product or resource therefrom including but not limited to

recycling centers, transfer stations, baling facilities, rail haul or

maritime facilities, processing systems, resource recovery facilities,

steam and electric generating and transmission facilities, including

auxiliary facilities to supplement or temporarily replace such

generating facilities, steam distribution facilities, sanitary

landfills, plants and facilities for compacting, composting or

pyrolization of solid wastes, incinerators and other solid waste

disposal, reduction or conversion facilities and resource recovery

equipment source separation equipment and disposal equipment as defined

in subdivisions four and five of section 51-0903 of the environmental

conservation law.

15. "Source separation" shall mean the segregation of recyclable

materials from the solid waste stream at the point of generation for

separate collection, sale or other disposition.

16. "State" shall mean the state of New York.